The judgment below

The penalty collection portion shall be reversed.

4,900,000 won shall be additionally collected from the defendant.

The remainder of the defendant.

The court below erred by misapprehending the legal principles on the summary of the grounds for appeal, or by misapprehending the legal principles, which actually operated the game room at the place of the crime in this case, and by misapprehending the legal principles on additional collection, the court below erred by misapprehending the legal principles as to additional collection, even though the defendant was merely the president who lent his name in the operation of the game room in this case, and the defendant was deemed as the actual business owner.

The punishment (one year of imprisonment, etc.) sentenced by the court below against the defendant is too unreasonable.

Judgment

In fact, whether the subject matter of confiscation or additional collection is subject to determination of mistake or misapprehension of legal principles, or the recognition of additional collection amount is not related to the elements of crime, and therefore, it is not necessary to prove it by evidence. However, if it is impossible to specify criminal proceeds subject to confiscation or additional collection, it shall not be collected (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). Meanwhile, the purpose of collecting additional collection of proceeds arising from a criminal act committed in violation of Article 44(1) of the Game Industry Promotion Act (hereinafter “Game Industry Act”) is to deprive the public of unlawful profits and prevent them from holding them. Thus, if several persons jointly obtain profits from illegal game place business, only the distributed amount, i.e., the profit substantially accrued to them, should be collected separately (see Supreme Court Decision 2008Do1312, Jun. 26, 2008).

In the first interrogation of a suspect conducted by the police and the prosecution, the Defendant himself/herself was registered as a provider of Internet computer game facilities with interest to the lessee of the game of this case and stated as the actual owner of the game of this case, and the actual owner of the game of this case was deceased at the time of the second interrogation of suspect.